A federal lawsuit filed Wednesday accuses the Trump administration of violating the First Amendment by selling special advance access to Truth Social posts before they are made public. The complaint, filed in the Southern District of New York, asserts that "this scheme is profoundly corrupt" and that the President stands to profit financially by providing market-moving government information to paying customers.
The suit was brought by the Freedom of the Press Foundation and the nonprofit digital news organization The Intercept, with legal representation from CREW, Yale Law School's Public Integrity Project, and Altshuler Berzon LLC.
According to the lawsuit, Truth Social's parent company announced last month a new service, Truth API, that would offer early access to messages from the president and other officials on the platform for a monthly fee of up to $100,000. The company has reportedly secured at least 10 customers for this service.
The plaintiffs argue that the First Amendment guarantees equal access to the President's public announcements and that content-neutral restrictions on this access must serve a significant government interest. They contend there is no legitimate interest in permitting President Trump to profit from selling government information.
This legal action comes as the Trump Justice Department has previously argued in unrelated cases that the president's social media postings constitute official presidential statements to the public. White House press secretary Karoline Leavitt has also stated that messages on Truth Social are directly from President Trump, highlighting his transparency in relaying administration policies.
Federal regulations, such as those outlined on a DOJ website concerning the "Misuse of Position and Government Resources," state that a government employee may not use their official position or information gained from it for personal benefit or for the benefit of others.
Donald Trump owns a 41% stake in Truth Social's parent company, Trump Media & Technology Group, which is held in a trust controlled by one of his sons, according to regulatory filings. The White House had not immediately responded to requests for comment on the lawsuit.
Brendan Ballou, CEO of the Public Integrity Project, stated that the attempt to monetize public statements is a blatant constitutional violation, asserting that the president's public statements are for everyone, not just a select few. He emphasized that the democracy depends on upholding the Constitution and enjoining Trump's alleged "corrupt scheme."
Democrats have previously criticized Trump for similar practices. In a letter last month, Senators Elizabeth Warren and Adam Schiff urged the Securities and Exchange Commission to investigate potential securities law violations by TMTG, describing the situation as an "outrageous abuse of the President's office for his personal benefit that undermines everyday investors and the integrity of our markets, while enriching Wall Street and other wealthy insiders."